---
kind: "section"
citation: "42 U.S.C. § 6869"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6869"
heading: "Judicial review of final action by Secretary on application"
release: "119-102"
url: "https://uscodex.org/usc/42/6869"
units:
  - "Chapter 81 — Energy Conservation and Resource Renewal"
  - "Subchapter III — Energy Conservation and Renewable-Resource Assistance for Existing Buildings"
  - "Part A — Weatherization Assistance for Low-Income Persons"
---

# §6869. Judicial review of final action by Secretary on application

- (a) **Time for appeal; jurisdiction; filing of administrative record by Secretary—** If any applicant is dissatisfied with the [Secretary](/usc/42/6862.md?p=1)’s final action with respect to the application submitted by it under [section 6864 of this title](/usc/42/6864.md) or with a final action under [section 6868 of this title](/usc/42/6868.md), such applicant may, within 60 days after notice of such action, file with the [United States](/usc/42/403.md?p=k) court of appeals for the circuit in which the [State](/usc/42/6862.md?p=8) involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the [Secretary](/usc/42/6862.md?p=1). The [Secretary](/usc/42/6862.md?p=1) thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](/usc/28/2112.md).
- (b) **Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record—** The findings of fact by the [Secretary](/usc/42/6862.md?p=1), if supported by substantial evidence, shall be conclusive. The court may, for good [cause](/usc/42/9908.md?p=c-2) shown, remand the case to the [Secretary](/usc/42/6862.md?p=1) to take further evidence, and the [Secretary](/usc/42/6862.md?p=1) may thereupon make new or [modified](/usc/42/7501.md?p=4) findings of fact and may modify his previous action. The [Secretary](/usc/42/6862.md?p=1) shall certify to the court the record of any such further proceedings. Such new or [modified](/usc/42/7501.md?p=4) findings of fact shall likewise be conclusive if supported by substantial evidence.
- (c) **Power of court to affirm or set aside action of Secretary; appeal to Supreme Court—** The court shall have jurisdiction to affirm the action of the [Secretary](/usc/42/6862.md?p=1) or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the [United States](/usc/42/403.md?p=k) upon certiorari or certification, as provided in [section 1254 of title 28](/usc/28/1254.md).

## Source credit

(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3), June 30, 1980, 94 Stat. 760.)

## Notes

### Editorial Notes

### Amendments

1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing, and “Secretary’s” for “Administrator’s”.